BEST APPARELS Vs. MICROTEX INDIA LTD.

JUDGEMENT

(1.) THE Petitioner has sought appointment of an Arbitrator in the present petition under Section 11(6) of the Indian Arbitration and Conciliation Act, 1996.

(2.) THE Petitioner was appointed as Carrying & Forwarding Agent and Distributor in the State of Himachal Pradesh, Chandigarh and some parts of Haryana by the Respondent in respect of their products such as Jeans, Shirts, Trousers, T -Shirts and Ready Made Garments as per the agreement dated 01.03.2004. As per the Petitioner, the disputes between the parties have arisen out of the said agreement. The relevant clauses of the agreement read as under:

(3.) THE Petitioner has filed replication to the said reply admitting the terms and clauses of the Agreement. But it is asserted that "such laws of State of Karnataka are not to be invoked except when the dispute which has arisen in the operational area within jurisdiction of this Hon'ble Court has to be adjudicated by the Arbitrator appointed by this place".